LCR22370

1. Appeal of Adjudication Officer Recommendation No. ADJ-00013553.

BACKGROUND:

2. The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 30 June 2020 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

 On 21 May 2020 the Adjudication Officer issued the following Recommendation: -

“I do not uphold the worker’s specific dispute with regards to incremental credit.

I do recommend that the employer should pay compensation to the worker of €200 for their failure to engage with the worker in a timely and appropriate manner and due to the unique circumstances of this worker’s dispute”

A Labour Court hearing took place on 17 February 2021.

DECISION :

This dispute came before the Court by way of an appeal against the recommendation of an Adjudication Officer.

The issue in dispute concerns the application to the Claimant of Circular 16/2005 “Agreement on incremental credit for previous service for entry levels at Service Officer or Service Attendant, or equivalent grades represented by the Federated Union of Government Employees”.

The Court was made aware that there were other Claimants employed by the National Museum of Ireland who are also seeking application of Circular 16/2005 in similar circumstances.

The Court is satisfied that the issue in dispute would require an interpretation of the Public Service Superannuation (Miscellaneous Provisions) Act 2004.

Therefore, it is clear that the effect of such an interpretation is not confined to one individual. Potentially at least, it impacts on others whose circumstances are similar. In these circumstances the Court is satisfied that any decision that it would make in this case would, actually or potentially, affect the pay of a group of workers.

Section 13(2) of the Industrial Relations Act 1969 precludes an Adjudication Officer from investigating a trade dispute that is connected with the rates of pay of body of workers. For the reasons referred to above the Court is satisfied that the subject matter of this dispute comes within that prohibition.

It follows that this dispute should not have been referred to an Adjudication Officer and the Recommendation was made outside of her statutory jurisdiction. Since the dispute was not properly before the Adjudication Officer it is not properly before the Court. Accordingly, the Court must decline to deal with this appeal.

The Court so Decides.

	Signed on behalf of the Labour Court
	Caroline Jenkinson
NJ	______________________
19 February 2021	Chairman